结合当今国际河流共享淡水资源竞争利用和冲突日趋激烈的状况,通过分析国际河流法中水资源开发利用的条款及发展趋势与我国水法体系原则,认为在我国水法中存在:管理体制不严密,水资源开发利用与保护基本原则不完善,尤其缺乏与水资源紧密相关的水生生态系统保护的原则条款,提出:为加强我国共享水资源合理开发利用与保护,实现区域可持续发展,我国水法应明确规定公平合理利用等基本原则,进一步健全管理机制,加强流域整体开发规划和协调管理。
Tlie international water law is guiding activities and theoretic basis of coordinating and managing the de-velopment and utilization of international rivers, is used to coordinate the rights and duties among the coun-tries in developing and utilizing international rivers; the national water law is the rales and policies to managethe development and utilization of water resource, is a law to control and guide the activities of developmentand utilization in the state. In the paper, Combining the present situations of the competing utilization andconflicts in sharing water resource of international rivers, the relationship between the rules and its developingtendency of the international water law is analyzed and the following principles are ansidered necessaryly; eq-uitable and reasonable utilization; obligation not to cause significant harm, general obligation to cooperate;obligation to regular exchange of data and information; obligation to protect and preserve the water resourceand ecosystems, etc.. In the rules of Chinese Water Laws system, it is considered that there are some prob-lems: no strict managing institution; no completed basic rules of developing, utilizing and protecting waterresource; especial lack of the rule to protect aquatic - ecosystem which has close relation with water re-source; To conclude, it is proposed that, in order to strengthen reasonable development, utilization and pro-tection of the sharing water resource of China, and to achieve regional sustainable development, the ChineseWater Law should stipulate clearly the basic rules like the equitable and reasonable utilization, etc., improvemanaging institution, strengthen the planning of integrated river basin development and coordinated manage-ment.